Agenda Item No__7__
Application for a review of a Premises Licence - Captains Table, Colonial and
Scottish Inns Limited, Freeman Street, Wells-next-the-Sea, Norfolk, NR23 1BQ
Summary:
This is an application for Review of a Premises Licence
Conclusions:
That Members consider and determine the case from the
information they have in written and verbal form
Recommendations:
That Members consider and determine this case
Cllr R Price – Chairman
Licensing Committee
Ward(s) affected: Wells-Next-The-Sea
Contact Officer, telephone
number, and e-mail:
Gemma Faircloth
01263 516139
gemma.faircloth@north-norfolk.gov.uk
1.
Jurisdiction
1.1.
North Norfolk District Council is the Licensing Authority under the Licensing Act
2003 in respect of Premises licences for the sale of alcohol or regulated
entertainment. Where a valid review application for a premises licence is
received and relevant representations are made, before determining the review
application, the authority must hold a hearing to consider the case.
1.2.
At any stage, following the grant of a premises licence or club premises
certificate, a responsible authority, or any other person, may ask the licensing
authority to review the licence or certificate because of a matter arising at the
premises in connection with any of the four licensing objectives.
The four licensing objectives to be considered as part of the review (when
determining) the application, and relevant representations, are:
a.
the prevention of crime & disorder
b.
public safety
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c.
the prevention of public nuisance, and
d.
the protection of children from harm
2.
The Application
2.1
The Environmental Protection Team has made an application for review to the
Premises Licence for the Captains Table, Colonial and Scottish Inns Limited,
Freeman Street, Wells-next-the-Sea, Norfolk, NR23 1BQ. Appendix E
2.2
The premises are used as a public house with regular regulated entertainment,
including live bands and a juke box.
2.3
The premises have permission to operate as follows:
Licensable activity
Days
Times
Live Music – (the Live Music
act allows live music from
08:00 – 23:00 daily within
certain limits)
Sunday
12:00 - 22:30
Friday
20:00 - 23:30
Saturday
20:00 - 23:30
Recorded Music
Monday to Sunday
09:00 - 00:00
Dancing
Monday to Sunday
19:30 - 23:30
Late Night Refreshment
Monday to Sunday
23:00 - 01:00
Sale of Alcohol On Premises
Sunday
12:00 - 00:00
Sale of Alcohol Off Premises
Monday to Saturday
11:00 - 00:00
Hours Premises open to the
public:
Sunday
12:00 - 00:00
Monday to Saturday
11:00 - 00:00
Making Music
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3.
Conditions
3.1
The premises licence is subject to the following mandatory conditions:
a. LIP001 No supply of alcohol may be made under the premises licence,
at a time when there is no designated premises supervisor in respect of
the premises licence or at a time when the designated premises
supervisor does not hold a personal licence, or the personal licence is
suspended.
b. LIP002 Every supply of alcohol under the premises licence must be
made or authorised by a person who holds a personal licence.
c. LIP003 Where a premises licence includes the condition that at
specified times one or more individuals must be at the premises to
carry out a security activity; each such individual must be licensed by
the Security Industry Authority.
d. LIP004 Where a premises licence authorises the exhibition of films, the
admission of children to the exhibition of any film to be restricted in
accordance with this section.
e. LIP006
(1) The responsible person must ensure that staff on relevant premises
do not carry out, arrange or participate in any irresponsible
promotions in relation to the premises.
(2) In this paragraph, an irresponsible promotion means any one or
more of the following activities, or substantially similar activities,
carried on for the purpose of encouraging the sale or supply of
alcohol for consumption on the premises—
(a) games or other activities which require or encourage, or are
designed to require or encourage, individuals to—
(i) drink a quantity of alcohol within a time limit (other than to
drink alcohol sold or supplied on the premises before the
cessation of the period in which the responsible person is
authorised to sell or supply alcohol), or
(ii)drink as much alcohol as possible (whether within a time limit
or otherwise);
(b) provision of unlimited or unspecified quantities of alcohol free or
for a fixed or discounted fee to the public or to a group defined by a
particular characteristic in a manner which carries a significant risk
of undermining a licensing objective;
(c) provision of free or discounted alcohol or any other thing as a
prize to encourage or reward the purchase and consumption of
alcohol over a period of 24 hours or less in a manner which carries
a significant risk of undermining a licensing objective;
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(d) selling or supplying alcohol in association with promotional
posters or flyers on, or in the vicinity of, the premises which can
reasonably be considered to condone, encourage or glamorise antisocial behaviour or to refer to the effects of drunkenness in any
favourable manner;
(e) dispensing alcohol directly by one person into the mouth of
another (other than where that other person is unable to drink
without assistance by reason of disability).
f. LIP008 The responsible person must ensure that free potable water is
provided on request to customers where it is reasonably available.
g. LIP009
(1) The premises licence holder or club premises certificate holder
must ensure that an age verification policy is adopted in respect of
the premises in relation to the sale or supply of alcohol.
(2) The designated premises supervisor in relation to the premises
licence must ensure that the supply of alcohol at the premises is
carried on in accordance with the age verification policy.
(3) The policy must require individuals who appear to the responsible
person to be under 18 years of age (or such older age as may be
specified in the policy) to produce on request, before being served
alcohol, identification bearing their photograph, date of birth and
either—
(a) a holographic mark, or
(b) an ultraviolet feature.
i.
LIP010 The responsible person shall ensure that:
a) where any of the following alcoholic drinks is sold or supplied for
consumption on the premises (other than alcoholic drinks sold or
supplied having been made up in advance ready for sale or supply
in a securely closed container) it is available to customers in the
following measures –
i)
beer or cider: ½ pint;
ii)
gin, rum, vodka or whisky: 25ml or 35ml; and
iii)
still wine in a glass: 125ml; and
b) these measures are displayed in a menu, price list or other printed
material which is available to customers on the premises; and
c) where a customer does not in relation to a sale of alcohol specify
the quantity of alcohol to be sold, the customer is made aware that
these measures are available.
j.
LIP011 A relevant person shall ensure that no alcohol is sold or
supplied for consumption on or off the premises for a price which is
less than the permitted price.
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3.2
The licence is subject to the following conditions which are consistent with their
operating schedule:
a. LIPN01 The Licensee/Designated Premises Supervisor shall ensure
that no nuisance is caused by noise emanating from the premises or
by vibration transmitted through the structure of the premises.
b. LIPN10 All [external doors/windows] must be kept closed, other than
for access and egress, in all rooms when events involving amplified
music or speech are taking place.
c. LIPN14 Prominent, clear notices shall be displayed at all exits
requesting customers to respect the needs of local residents and leave
the premises and the area quietly.
d. LIPN19 The Designated Premises Supervisor or a nominated
representative shall receive and respond to complaints throughout the
duration of all noisy events and will have full control at all times over
the sound amplification.
e. The following timings apply for the licensable activities including
supply of alcohol:(a) 11:00 hours New Year's Eve to 01:30 hours New Year's Day.
(b) 11:00 hours to midnight on Friday, Saturday, Sunday and Monday
on Bank Holiday Weekends, Christmas Eve and Boxing Day.
(c) 11:00 hours to 14:00 hours on Christmas Day.
4.
Representations from Responsible Authorities
4.1
Section 13(4) of the Act defines the ’Responsible Authorities’ as the statutory
bodies that must be sent copies of a review application. Representations made
must relate to the licensing objectives.
4.2
The following comments have been received from the Responsible Authorities:
See Appendix F
Responsible Authority
Norfolk Constabulary
Norfolk Fire Service
Norfolk Trading Standards
Norfolk Children’s
Safeguarding Board
Norfolk Health authority
(Director of Public Health for
Norfolk)
NNDC Planning
Licensing & Appeals Committee
Comments
Support of review
No observations to
make
No Response
No Response
Date
19/11/15
28/10/15
Support of review on 20/11/15
health concerns
No Response
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(Development Management)
NNDC Environmental Health
(Health & Safety team)
NNDC Environmental Health
(Environmental Protection
team)
NNDC Licensing
(Responsible) authority
No Response
Nothing further to add 26/10/15
to review application
No further comments 27/10/15
to add
5.
Representations from Other Persons
5.1
Section 13(2) of the Act describes other persons as any individual, body or
business entitled to make representations to licensing authorities in relation to
the review of premises licences and club premises certificates regardless of their
proximity to the premises. Additionally, these persons may themselves seek a
review of a premises licence. Representations made must be relevant in that
they relate to the licensing objectives.
5.2
There has been significant correspondence received from various residents
concerning this premises which has led to the investigation of noise nuisance
and anti-social behaviour emanating from this premises, and has ultimately
culminated in this application for review of the premises licence. Copies of all
correspondence are attached for information. The predominant relevant issue
raised has been that of noise nuisance and anti-social behaviour.
See Appendix G
Enterprise Inns plc –
Freeholders
Resident
Resident
Resident
Resident
Resident
Requesting
extra
conditions
Supporting Review
Objecting to Review
Noise Disturbance
Supporting Review
Supporting Review
16/11/15
08/11/15
09/11/15
04/11/15
10/11/15
20/11/15
See Appendix H
Log sheets
See Appendix I
Witness statements –
Residents and Officers
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6.
Notices
6.1
The Licensing Authority is responsible for advertising the review by way of a
notice in the specified form at the premises for not less than 28 consecutive days
and in a local newspaper. The Public Notice appeared in the North Norfolk News
on 29th October 2015 and a Notice should have been displayed on the premises
until 20th November 2015, this was checked periodically by an Officer of North
Norfolk District Council and was in place at these checks.
7.
Plans
7.1
A location plan showing the general location of the premises is attached at
Appendix J.
8.
North Norfolk District Council Licensing Policy
8.1
The current Statement of Licensing Policy was approved by Full Council on 14
December 2010 and the following extracts may be relevant to this application:
3.0 Main Principles
3.1 Nothing in the ‘Statement of Policy’ will:
• undermine the rights of any person to apply under the 2003 Act for
a variety of permissions and have the application considered on its
individual merits, and/or
• override the right of any person to make representations on any
application or seek a review of a licence or certificate where they
are permitted to do so under the 2003 Act
3.2 Licensing is about the control of licensed premises, qualifying clubs
and temporary events within the terms of the 2003 Act, and conditions are
likely to be attached to licences, certificates and permissions that will cover
matters which are within the control of individual licensees.
3.3 When considering these conditions, the Council will primarily focus on
the direct impact of the activities taking place at licensed premises on
members of the public living, working or engaged in normal activity in the
area concerned.
3.4 The Council acknowledges that the licensing function cannot be used
for the general control of anti-social behaviour by individuals once they are
beyond the direct control of the licensee of any premises concerned. In
this respect, the
Council recognises that, apart from the licensing function, there are a
number of other mechanisms available for addressing issues of unruly
behaviour that can occur away from licensed premises, including:
• planning and environmental health controls
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• ongoing measures to create a safe and clean environment in
these areas in partnership with local businesses, transport
operators and other Council Departments
• designation of parts of the District as places where alcohol may
not be consumed publicly
• regular liaison with Police on law enforcement issues regarding
disorder and anti-social behaviour, including the issue of fixed
penalty notices, prosecution of those selling alcohol to people who
are drunk; confiscation of alcohol from adults and children in
designated areas and instantly closing down licensed premises or
temporary events on the grounds of disorder, or likelihood of
disorder or excessive noise from the premises
• the power of the police, other responsible authority or a local
resident or business or District Councillor to seek a review of the
licence or certificate
4 Crime and Disorder
4.1 Licensed premises, especially those offering late night/early morning
entertainment, alcohol and refreshment for large numbers of people, can
be a source of crime and disorder problems.
4.2 The Council will expect Operating Schedules to satisfactorily address
these issues from the design of the premises through to the daily operation
of the business.
6 Prevention of Public Nuisance
6.1 Licensed premises, especially those operating late at night and in the
early hours of the morning, can cause a range of nuisances impacting on
people living, working or sleeping in the vicinity of the premises.
6.2 The concerns mainly relate to noise nuisance, light pollution and
noxious smells and due regard will be taken of the impact these may have.
The Council will expect Operating Schedules to satisfactorily address
these issues. Applicants are advised to seek advice from the Council’s
Health and Pollution Enforcement Officers before preparing their plans and
Schedules.
6.3 The Council will consider attaching Conditions to licences and
permissions to prevent public nuisance, and these may include Conditions
drawn from the Model Pool of Conditions relating to ‘Public Nuisance’.
10 Standard Conditions
10.1 Conditions attached to licences or certificates will be tailored to the
individual style and characteristics of the particular premises and events
concerned.
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10.2 However, where considered appropriate, and necessary for the
promotion of the Licensing Objectives, the Council will consider attaching
Conditions drawn from the relevant Model Pools of Conditions and from
any published Local Pool of Conditions
9.
Guidance Issued under section 182 of the Licensing Act 2003
9.1
The current Guidance was issued by the Home Office in March 2015 and offers
advice to Licensing authorities on the discharge of their functions under the
Licensing Act 2003.
9.2
The following extracts may be relevant to this review application and assist the
panel:
Licensing conditions – general principles
1.16 Conditions on a premises licence or club premises certificate are
important in setting the parameters within which premises can lawfully operate.
The use of wording such as “must”, “shall” and “will”, is encouraged. Licence
conditions:
• must be appropriate for the promotion of the licensing objectives;
• must be precise and enforceable;
• must be unambiguous and clear in what they intend to achieve;
• should not duplicate other statutory requirements or other duties or
responsibilities placed on the employer by other legislation;
• must be tailored to the individual type, location and characteristics of the
premises and events concerned;
• should not be standardised and may be unlawful when it cannot be
demonstrated that they are appropriate for the promotion of the licensing
objectives in an individual case;
• should not replicate offences set out in the 2003 Act or other legislation;
• should be proportionate, justifiable and be capable of being met, (for example,
whilst beer glasses may be available in toughened glass, wine glasses may not);
• cannot seek to manage the behaviour of customers once they are beyond the
direct management of the licence holder and their staff, but may impact on the
behaviour of customers in the immediate vicinity of the premises or as they enter
or leave; and
• should be written in a prescriptive format.
Each application on its own merits
1.17 Each application must be considered on its own merits and in accordance
with the licensing authority’s statement of licensing policy; for example, if the
application falls within the scope of a cumulative impact policy. Conditions
attached to licences and certificates must be tailored to the individual type,
location and characteristics of the premises and events concerned. This is
essential to avoid the imposition of disproportionate and overly burdensome
conditions on premises where there is no need for such conditions. Standardised
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conditions should be avoided and indeed may be unlawful where they cannot be
shown to be appropriate for the promotion of the licensing objectives in an
individual case
Public Nuisance
2.14 The 2003 Act enables licensing authorities and responsible authorities,
through representations, to consider what constitutes public nuisance and what is
appropriate to prevent it in terms of conditions attached to specific premises
licences and club premises certificates. It is therefore important that in
considering the promotion of this licensing objective, licensing authorities and
responsible authorities focus on the effect of the licensable activities at the
specific premises on persons living and working (including those carrying on
business) in the area around the premises which may be disproportionate and
unreasonable. The issues will mainly concern noise nuisance, light pollution,
noxious smells and litter.
2.15 Public nuisance is given a statutory meaning in many pieces of legislation. It
is however not narrowly defined in the 2003 Act and retains its broad common
law meaning. It is important to remember that the prevention of public nuisance
could therefore include low-level nuisance, perhaps affecting a few people living
locally, as well as major disturbance affecting the whole community. It may also
include in appropriate circumstances the reduction of the living and working
amenity and environment of other persons living and working in the area of the
licensed premises. Public nuisance may also arise as a result of the adverse
effects of artificial light, dust, odour and insects or where its effect is prejudicial to
health.
2.16 Conditions relating to noise nuisance will usually concern steps appropriate
to control the levels of noise emanating from premises. This might be achieved
by a simple measure such as ensuring that doors and windows are kept closed
after a particular time, or more sophisticated measures like the installation of
acoustic curtains or rubber speaker mounts. Any conditions appropriate to
promote the prevention of public nuisance should be tailored to the type, nature
and characteristics of the specific premises. Licensing authorities should be
aware of the need to avoid inappropriate or disproportionate measures that could
deter events that are valuable to the community, such as live music. Noise
limiters, for example, are very expensive to purchase and install and are likely to
be a considerable burden for smaller venues.
2.17 As with all conditions, those relating to noise nuisance may not be
appropriate in certain circumstances where provisions in other legislation
adequately protect those living in the area of the premises. But as stated earlier
in this Guidance, the approach of licensing authorities and responsible authorities
should be one of prevention and when their powers are engaged, licensing
authorities should be aware of the fact that other legislation may not adequately
cover concerns raised in relevant representations and additional conditions may
be appropriate.
2.18 Where applications have given rise to representations, any appropriate
conditions should normally focus on the most sensitive periods. For example,
music noise from premises usually occurs from mid-evening until either late-
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evening or early-morning when residents in adjacent properties may be
attempting to go to sleep or are sleeping. In certain circumstances, conditions
relating to noise immediately surrounding the premises may also prove
appropriate to address any disturbance anticipated as customers enter and
leave.
2.19 Measures to control light pollution will also require careful thought. Bright
lighting outside premises which is considered appropriate to prevent crime and
disorder may itself give rise to light pollution for some neighbours. Applicants,
licensing authorities and responsible authorities will need to balance these
issues.
2.20 Beyond the immediate area surrounding the premises, these are matters
for the personal responsibility of individuals under the law. An individual who
engages in anti-social behaviour is accountable in their own right. However, it
would be perfectly reasonable for a licensing authority to impose a condition,
following relevant representations, that requires the licence holder or club to
place signs at the exits from the building encouraging patrons to be quiet until
they leave the area and to respect the rights of people living nearby to a
peaceful night.
Determining applications where representations are made
9.36 As a matter of practice, licensing authorities should seek to focus the
hearing on the steps considered appropriate to promote the particular licensing
objective or objectives that have given rise to the specific representation and
avoid straying into undisputed areas. A responsible authority or other person may
choose to rely on their written representation. They may not add further
representations to those disclosed to the applicant prior to the hearing, but they
may expand on their existing representation.
9.37 In determining the application with a view to promoting the licensing
objectives in the overall interests of the local community, the licensing authority
must give appropriate weight to:
• the steps that are appropriate to promote the licensing objectives;
• the representations (including supporting information) presented by all the
parties;
• this Guidance;
• its own statement of licensing policy.
Relevant, Vexatious and Frivolous Representations
9.4 A representation is “relevant” if it relates to the likely effect of the grant of the
licence on the promotion of at least one of the licensing objectives. For example,
a representation from a local businessperson about the commercial damage
caused by competition from new licensed premises would not be relevant. On the
other hand, a representation by a businessperson that nuisance caused by new
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premises would deter customers from entering the local area, and the steps
proposed by the applicant to prevent that nuisance were inadequate, would be
relevant. In other words, representations should relate to the impact of licensable
activities carried on from premises on the objectives. For representations in
relation to variations to be relevant, they should be confined to the subject matter
of the variation. There is no requirement for a responsible authority or other
person to produce a recorded history of problems at premises to support their
representations, and in fact this would not be possible for new premises.
9.5 It is for the licensing authority to determine whether a representation (other
than a representation from responsible authority) is frivolous or vexatious on the
basis of what might ordinarily be considered to be vexatious or frivolous. A
representation may be considered to be vexatious if it appears to be intended to
cause aggravation or annoyance, whether to a competitor or other person,
without reasonable cause or justification. Vexatious circumstances may arise
because of disputes between rival businesses and local knowledge will
therefore be invaluable in considering such matters. Licensing authorities can
consider the main effect of the representation, and whether any
inconvenience or expense caused by it could reasonably be considered to be
proportionate.
9.9 It is recommended that, in borderline cases, the benefit of the doubt about
any aspect of a representation should be given to the person making that
representation. The subsequent hearing would then provide an opportunity for
the person or body making the representation to amplify and clarify it.
Determining actions that are appropriate for the promotion of the licensing
objectives
9.41 Licensing authorities are best placed to determine what actions are
appropriate for the promotion of the licensing objectives in their areas. All
licensing determinations should be considered on a case by case basis. They
should take into account any representations or objections that have been
received from responsible authorities or other persons, and representations made
by the applicant or premises user as the case may be.
9.42 The authority’s determination should be evidence-based, justified as being
appropriate for the promotion of the licensing objectives and proportionate to
what it is intended to achieve.
9.43 Determination of whether an action or step is appropriate for the promotion
of the licensing objectives requires an assessment of what action or step would
be suitable to achieve that end. Whilst this does not therefore require a licensing
authority to decide that no lesser step will achieve the aim, the authority should
aim to consider the potential burden that the condition would impose on the
premises licence holder (such as the financial burden due to restrictions on
licensable activities) as well as the potential benefit in terms of the promotion of
the licensing objectives. However, it is imperative that the authority ensures that
the factors which form the basis of its determination are limited to consideration
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of the promotion of the objectives and nothing outside those parameters. As with
the consideration of licence variations, the licensing authority should consider
wider issues such as other conditions already in place to mitigate potential
negative impact on the promotion of the licensing objectives and the track record
of the business. Further advice on determining what is appropriate when
imposing conditions on a licence or certificate is provided in Chapter 10. The
licensing authority is expected to come to its determination based on an
assessment of the evidence on both the risks and benefits either for or against
making the determination.
Conditions attached to Premises Licences
10.2 Conditions include any limitations or restrictions attached to a licence or
certificate and essentially are the steps or actions that the holder of the premises
licence or the club premises certificate will be required to take or refrain from
taking in relation to the carrying on of licensable activities at the premises in
question. Failure to comply with any condition attached to a licence or certificate
is a criminal offence, which on conviction is punishable by a fine of up to £20,000
or up to six months imprisonment. The courts have made clear that it is
particularly important that conditions which are imprecise or difficult for a licence
holder to observe should be avoided.
10.3 There are three types of condition that may be attached to a licence or
certificate: proposed, imposed and mandatory. Each of these categories is
described in more detail below
Proposed Conditions
10.4 The conditions that are appropriate for the promotion of the licensing
objectives should emerge initially from the risk assessment carried out by a
prospective licence or certificate holder, which they should carry out before
making their application for a premises licence or club premises certificate. This
would be translated into the steps recorded in the operating schedule or club
operating schedule, which must also set out the proposed hours during which
licensable activities will be conducted and any other hours during which the
premises will be open to the public.
10.5 It is not acceptable for licensing authorities to simply replicate the wording
from an applicant’s operating schedule. A condition should be interpreted in
accordance with the applicant’s intention
Imposed Conditions
10.8 The licensing authority may not impose any conditions unless its discretion
has been engaged following receipt of relevant representations and it is satisfied
as a result of a hearing (unless all parties agree a hearing is not necessary) that it
is appropriate to impose conditions to promote one or more of the four licensing
objectives.
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10.9 It is possible that, in certain cases, where there are other legislative
provisions which are relevant and must be observed by the applicant, no
additional conditions are appropriate to promote the licensing objectives.
Proportionality
10.10 The 2003 Act requires that licensing conditions should be tailored to the
size, type, location and characteristics and activities taking place at the premises
concerned. Conditions should be determined on a case by case basis and
standardised conditions which ignore these individual aspects should be avoided.
Licensing authorities and other responsible authorities should be alive to the
indirect costs that can arise because of conditions. These could be a deterrent to
holding events that are valuable to the community or for the funding of good and
important causes. Licensing authorities should therefore ensure that any
conditions they impose are only those which are appropriate for the promotion of
the licensing objectives.
Hours of trading
10.13 The Government acknowledges that different licensing strategies may be
appropriate for the promotion of the licensing objectives in different areas. The
2003 Act gives the licensing authority power to make decisions regarding
licensed opening hours as part of the implementation of its licensing policy
statement and licensing authorities are best placed to make decisions about
appropriate opening hours in their areas based on their local knowledge and in
consultation with responsible authorities. However, licensing authorities must
always consider each application and must not impose predetermined licensed
opening hours, without giving individual consideration to the merits of each
application.
Designated premises supervisor
10.29 The main purpose of the ‘designated premises supervisor’ as defined in the
2003 Act is to ensure that there is always one specified individual among these
personal licence holders who can be readily identified for the premises where a
premises licence is in force. That person will normally have been given day to
day responsibility for running the premises by the premises licence holder. The
requirements set out in relation to the designated premises supervisor and
authorisation of alcohol sales by a personal licence holder do not apply to
community premises in respect of which a successful application has been made
to disapply the usual mandatory conditions in sections 19(2) and 19(3) of the
2003 Act (see Chapter 4 of this Guidance).
10.30 The 2003 Act does not require a designated premises supervisor or any
other personal licence holder to be present on the premises at all times when
alcohol is sold. However, the designated premises supervisor and the premises
licence holder remain responsible for the premises at all times including
compliance with the terms of the 2003 Act and conditions attached to the
premises licence to promote the licensing objectives.
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The review process
11.1 The proceedings set out in the 2003 Act for reviewing premises licences and
club premises certificates represent a key protection for the community where
problems associated with the licensing objectives occur after the grant or
variation of a premises licence or club premises certificate.
11.2 At any stage, following the grant of a premises licence or club premises
certificate, a responsible authority, or any other person, may ask the licensing
authority to review the licence or certificate because of a matter arising at the
premises in connection with any of the four licensing objectives.
11.5 Any responsible authority under the 2003 Act may apply for a review of a
premises licence or club premises certificate. Therefore, the relevant licensing
authority may apply for a review if it is concerned about licensed activities at
premises and wants to intervene early without waiting for representations from
other persons. However, it is not expected that licensing authorities should
normally act as responsible authorities in applying for reviews on behalf of other
persons, such as local residents or community groups. These individuals or
groups are entitled to apply for a review for a licence or certificate in their own
right if they have grounds to do so. It is also reasonable for licensing authorities
to expect other responsible authorities to intervene where the basis for the
intervention falls within the remit of that other authority. For example, the police
should take appropriate steps where the basis for the review is concern about
crime and disorder or the sexual exploitation of children. Likewise, where there
are concerns about noise nuisance, it is reasonable to expect the local authority
exercising environmental health functions for the area in which the premises are
situated to make the application for review.
Further guidance on ‘The Review Process’ can be sought in Section 11 of the
Guidance issued under section 182 of the Licensing Act 2003.
Powers of a licensing authority on the determination of a review
11.16 The 2003 Act provides a range of powers for the licensing authority
which it may exercise on determining a review where it considers them
appropriate for the promotion of the licensing objectives.
11.17 The licensing authority may decide that the review does not require it to
take any further steps appropriate to promote the licensing objectives. In
addition, there is nothing to prevent a licensing authority issuing an informal
warning to the licence holder and/or to recommend improvement within a
particular period of time. It is expected that licensing authorities will regard
such informal warnings as an important mechanism for ensuring that the
licensing objectives are effectively promoted and that warnings should be
issued in writing to the licence holder.
11.18 However, where responsible authorities such as the police or
environmental health officers have already issued warnings requiring
improvement – either orally or in writing – that have failed as part of their own
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stepped approach to address concerns, licensing authorities should not
merely repeat that approach and should take this into account when
considering what further action is appropriate.
11.19 Where the licensing authority considers that action under its statutory
powers is appropriate, it may take any of the following steps:

modify the conditions of the premises licence (which includes
adding new conditions or any alteration or omission of an existing
condition), for example, by reducing the hours of opening or by
requiring door supervisors at particular times;

exclude a licensable activity from the scope of the licence, for
example, to exclude the performance of live music or playing of
recorded music (where it is not within the incidental live and
recorded music exemption)10;

remove the designated premises supervisor, for example, because
they consider that the problems are the result of poor
management;

suspend the licence for a period not exceeding three months;

revoke the licence
11.20 In deciding which of these powers to invoke, it is expected that
licensing authorities should so far as possible seek to establish the cause or
causes of the concerns that the representations identify. The remedial action
taken should generally be directed at these causes and should always be no
more than an appropriate and proportionate response to address the causes
of concern that instigated the review.
11.21 For example, licensing authorities should be alive to the possibility that
the removal and replacement of the designated premises supervisor may be
sufficient to remedy a problem where the cause of the identified problem
directly relates to poor management decisions made by that individual.
11.22 Equally, it may emerge that poor management is a direct reflection of
poor company practice or policy and the mere removal of the designated
premises supervisor may be an inadequate response to the problems
presented. Indeed, where subsequent review hearings are generated by
representations, it should be rare merely to remove a succession of
designated premises supervisors as this would be a clear indication of deeper
problems that impact upon the licensing objectives.
11.23 Licensing authorities should also note that modifications of conditions
and exclusions of licensable activities may be imposed either permanently or
for a temporary period of up to three months. Temporary changes or
suspension of the licence for up to three months could impact on the business
holding the licence financially and would only be expected to be pursued as
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an appropriate means of promoting the licensing objectives. So, for instance,
a licence could be suspended for a weekend as a means of deterring the
holder from allowing the problems that gave rise to the review to happen
again. However, it will always be important that any detrimental financial
impact that may result from a licensing authority’s decision is appropriate and
proportionate to the promotion of the licensing objectives. But where premises
are found to be trading irresponsibly, the licensing authority should not
hesitate, where appropriate to do so, to take tough action to tackle the
problems at the premises and, where other measures are deemed
insufficient, to revoke the licence.
10.
Determination
10.1 The Sub Committee are requested to consider the review application, the
representations received and determine this review application.
10.2 When considering this application the Sub Committee will need to have regard to
the North Norfolk District Council Licensing Policy and to statutory guidance
under the Licensing Act 2003 issued by the Secretary of State
10.3 In determining the application for a Premises Licence the Sub Committee may
take the following actions:
a. Modify the conditions of the premises licence
b. Exclude a licensable activity from the scope of the licence
c. Remove the designated premises supervisor
d. Suspend the licence for a period not exceeding three months
e. Revoke the licence
10.4 This application must be determined and notified to the applicant within 5 working
days from the conclusion of the hearing. Reasons for the Panel’s decision must
be given as both the applicant and objectors have a right of appeal against that
decision to the Magistrates Court.
10.5 There is a right of appeal to the decision of the Sub Committee to the Magistrates
court within 21 days.
Appendices:
E. Copy of Review Application and associated appendices
F. Representations: Responsible Authorities
G. Representations: objection or support from other persons
H. Resident Log Sheets
I. Officer Witness statements and notes
J. Location Plan
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Background Papers:
1. The Licensing Act 2003
2. North Norfolk District Council Statement of Licensing Policy (14 December 2010)
3. Guidance issued under section 182 of the Licensing Act 2003 (March 2015)
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APPENDIX E
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APPENDIX F
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APPENDIX G
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North Norfolk District Council
Licensing Committee
c/o The Public Protection Team
Dear Sir or Madam:
Pr.emises License for the Captains Table, Freeman Street Wells
During their hours of normal business I have had no problems with the above
premises.
'_ jJ3.
However when they have a live band, all hell is let loose. They attract a gro~p of
people who from their behavior are drunk and possibly under the influence of
drugs. The customers scream and become violent and are very intimidating.
The management do not appear tO'be able to exert any control over their,. ,
customers behavior
My complaint is that of excessive noise, late into the night and personal fear,
when I have to walk past the premises, resulting from the violent behavior of the
large group that collects around the door, I would hope the committee will not
re-issue a license that permits live music or disco events at The Captains Table.
NORTH NORFOLK D.C.
Sincerely
20 NOV -2015
i~. POSTAL
SERVICES
~-:=;y.T!~
__
•
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Wells-nexf.the-Sea, N rn
Telephone:
0 olk NR23
NORTH NORFOLK D.C.
1GNOV 2fl15
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Wells-N ext-The-Sea
NR23
5th November 2015
North Norfolk District Council
Licensing Department
To whom it· may concern,
As a resident of Freeman Street and a patron of The Captain's Table, I was very disappointed to
see the premises license is now under review.
The present owner and the manager have spent a lot of time and money to improve the premises
and make it popular again. As with any popular public house, there is inevitably some noise.
However, the noise levels from the Quay, the playing field, the Buttlands and other venues are
much greater. It seems unfair that a few people who have chosen to live near existing licensed
premises can potentially destroy the livelihood and enjoyment of many.
The fact is the town needs popular venues for locals and holiday makers to enjoy. If these places
are denied their licenses the town will not attract the tourism it needs, resulting in
unemployment, boarded up buildings and a general downward spiral of the local economy.
Your website (licensed premises under review) does not include The Captain's Table. When
mentioned to your colleague (Caroline, 27/10/15), she agreed. It is still not correct today
(5/11/15). Without visiting The Captain's Table, how would any interested party know the
license is under review, and therefore be able to comment?
I look forward to hearing back from you.
Sincerely,
-
NORTH NORFOLK D.C.
H
- 9 NOV 2D15
POSTAL SERVICES
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North Norfolk District Council
Holt Road, Cro r.
~ells-Ne
t ... ("-Sea.
2nd November, 2015.
Dear Sirs,
Re. Noise disturbance at the Captains Table,
ells.
a Iriting to confirm that on an evening in late August I was forced to
make a complaint to the authorities with re ard to exceptionally loud
music to gone past 'dnight eminating from The Captains Table, Freeman street.
I
The continuous music ith background thump thuDning disturbed my television
viewing and it was pointlesE going to bed t my usual time of ten thirty.
I considered this completely unaceptable in a builtup area a d so next
morning I called in at the Captains Table to complain to the anager.
The Manager, Liam offhand dly stated t at the licencing la s allowed him
to play music until midnight and that was that with no apologies.
As he had frequent music nights, I was quite concerned that this disturbance
would continue.
However since a oise abatement notice was served on
him, things have beeen much quieter.
Yours faithfully,
FOLK D.C.
OV 2015
.
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APPENDIX H
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APPENDIX I
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